Effect given to the recommendations of the committee and the Governing Body - Report No 368, June 2013

Case No 2268 (Myanmar) - Complaint date: 28-MAY-03 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 64. The Committee last examined this case at its March 2011 meeting (see 359th Report, paras 107–110) wherein it requested the Government to keep it informed of the steps taken to ensure a legislative framework in full conformity with the standards and principles of freedom of association. The Committee had further urged the Government to issue instructions to civil and military agents so as to ensure that the authorities fully refrain from any act preventing the free operation of all forms of organization of collective representation of workers, freely chosen by them to defend and promote their economic and social interests, including seafarers’ organizations and organizations which operated in exile at the time. Finally, the Committee urged the Government to take steps for the immediate release from prison of Myo Aung Thant.
2. 65. In a communication dated 30 August 2011, the Government provided information on the steps being taken to finalize a legislative framework to ensure respect for freedom of association and responded to a number of other outstanding requests. In its communication dated 6 February 2013, it indicated that Order No. 2/88 has been abolished and the Labour Organization Law (LOL) came into force on 9 March 2012. This has given rise to the registration of 396 basic labour organizations, four township labour organizations, one labour federation, 17 basic employer organizations, and one employer federation. The Government adds that the LOL’s implementation has been assisted by a number of tripartite and bipartite awareness-raising workshops that have been carried out by the ILO Chief Technical Advisor (CTA) on Freedom of Association Programme. As regards Order No. 1 of 2006, the Government indicates that it is abolishing it in line with the procedures. The Government further refers to numerous communications it has provided to the ILO Governing Body and to the Committee of Experts on the Application of Conventions and Recommendations concerning the release of detained worker activists, including the release of Myo Aung Thant.
3. 66. The Committee welcomes the information related to the release of Myo Aung Thant, the repeal of Order No. 2/88 and the introduction of a legislative framework enabling workers and employers to form organizations of their own choosing. The Committee further welcomes the important steps taken with the ILO CTA on Freedom of Association Programme to facilitate the implementation of the LOL in a manner consistent with Convention No. 87. The Committee notes with interest the numerous basic labour organizations that have since been registered but observes from the figures provided by the Government that the formation of higher-level organizations appears to be more challenging. Legitimate representatives of workers and employers at the national level is of particular importance so that the Government may carry out meaningful consultations with labour and business on matters or draft legislation affecting their members’ interests. The Committee trusts that national labour confederations will be formed in the very near future so that the voices of Myanmar workers can be effectively heard and until then proposes that the Government review the LOL with the assistance of the ILO so as to ensure that the requirements for forming higher-level organizations are not such as to hinder effectively the meaningful exercise of the rights under the Convention. Observing that the Government is in the process of abolishing Order No. 1 of 2006, and taking due account of the Governing Body’s decision at its 316th Session in November 2012 to take no further action under the article 26 complaint, while requesting the ILO, in light of the guidance it has given, to continue its close cooperation with the Government to bring about the application of Convention No. 87, the Committee suggests that the Government include the Federation of Trade Unions of Myanmar in its broad consultations over matters that affect workers’ interests.